Lawrence Jay Russ - Page 18




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          government has priority rights to the funds.”8  IRM pt.                     
          5.8.5.5.3.8 (2004).                                                         
               The AO followed published guidelines in computing                      
          petitioner’s future income and determined that petitioner’s RCP             
          exceeded $100,000.                                                          
               Petitioner complains that the AO inappropriately increased             
          petitioner’s monthly income based on a year-end bonus that was              
          not guaranteed.  The record does not disclose the precise reason            
          the AO determined that petitioner and the OIC examiner had                  
          understated petitioner’s 2004 income.  However, even the original           
          OIC examiner determined that petitioner’s RCP was more than                 
          $80,000.  Both RCPs are substantially greater than petitioner’s             
          tax liability and both demonstrate that respondent determined               
          that petitioner can pay his liability in full.                              



               8 If a taxpayer justifies and substantiates that expenses              
          for unsecured debts like credit card minimum payments are                   
          necessary for either the production of income or for the health             
          and welfare of the taxpayer and his family, those expenses are              
          allowable.  Lemann v. Commissioner, T.C. Memo. 2006-37 n.13.                
          Petitioner testified vaguely:  (1) That some of his credit card             
          debt resulted from the purchase of household items and living               
          expenses; (2) that he did not remember what he purchased; and (3)           
          that he used a credit card when he did not have sufficient                  
          cashflow, whether employed or unemployed.  He did not remember              
          whether he bought food with his credit cards.  He may have                  
          charged dinners but not necessarily groceries.  Petitioner does             
          not specifically allege that his credit card debt resulted from             
          necessary expenditures for the production of income or for his              
          family’s health and welfare.  Accordingly, we conclude that this            
          unsecured debt is not allowable as an expense in an offer-in-               
          compromise.  See id.                                                        





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